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LIVING v. STATE

No. 44273.

473 S.W.2d 214 (1971)

Alex Joseph LIVING, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 30, 1971.

Attorney(s) appearing for the Case

Thomas D. Prichard, Houston, for appellant.

Carol S. Vance, Dist. Atty., Phyllis Bell and Jack Bodiford, Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

ODOM, Judge.

This appeal is from a conviction for the offense of robbery by assault. Trial was before the court without the intervention of a jury. Punishment was assessed at 25 years.

Harry Matthia, a taxi driver for J & L Cab Company, testified that on January 18, 1970, he was called to the home of the appellant in Houston. Appellant and two other persons entered the cab and directed Matthia to drive them to the home of appellant's...

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